Reviews and Appeals
A client can apply for a Review of Decision when they have received formal notification of and disagree with a decision, including decisions relating to:
- the assessment or re-assessment of:
- their eligibility or continued eligibility for social housing
- their housing needs
- the calculation of the rate of Income Related Rent
- the establishment and recovery of Income Related Rent debt
A client can appeal to the Social Security Appeal Authority where they do not agree with a decision, which was upheld or upheld in part by the Benefits Review Committee under an application for Review of Decision
Exceptions
A client has no right of appeal to the Social Security Appeal Authority (and therefore no right to apply for a Review of Decision) if they disagree with:
- a decision not to review their housing need
However you will need to ensure that there is a good reason not to undertake a review of their housing needs.
- any decision made by a housing provider regarding tenancy-related matters, such as:
- the determination of a market rent rate
- rent arrears
- damages debt or
- whether someone can join into a tenancy agreement
The client has the right to apply for a Review of Decision at any time within 3 months of the original decision being advised. When a client has applied for a hearing outside the 3 month time limit the Benefits Review Committee must decide whether or not to accept the application before it considers the decision under review.
A client has the right to have their decision reviewed once. If they wish to have the same decision reviewed again refer the case to Legal Services.
For more information see:
- Core policy Reviews and Appeals
Legislation
- Rights of appeal section 132 Public and Community Housing Management Act 1992
- Tenant may appeal section 133 Public and Community Housing Management Act 1992
- Regulations relating to appeals and other matters section 136 Public and Community Housing Management Act 1992
- Social Housing Appeals Regulations 2014
